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(영문) 대전지방법원 서산지원 2018.05.30 2018고단33

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 16, 2011, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic laws in the Seosan Branch of the Daejeon District Court on June 16, 201, and on June 2, 2017, the same court was sentenced to a suspended sentence of two years for a crime of violating road traffic laws in the same court on June 10, 201, and the judgment became final and conclusive on the 10th of the same month, and violated the regulations on prohibition of drinking, such as drinking in the current period of suspended sentence on at least two occasions,

On November 5, 2017, the Defendant driven a F Kaman car with approximately 500 meters alcohol content 0.130% while under the influence of alcohol without a vehicle driver’s license from the front of the Party’s home located in Western City C around the same city to the front of the E cafeteria in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of driver's licenses, notification of the results of regulating the driving of alcohol, the circumstantial statement of the driver's license of the driver, and the ledger using the drinking measuring instruments;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (including attached documents, such as a criminal suspect A, previous convictions, and written judgments) (including attached documents, such as written judgments);

1. Relevant legal provisions concerning criminal facts;

(a) Driving alcohol: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for sentencing”) are several times, despite the punishment, the Defendant again commits the instant crime of drinking and non-licensed driving, such as the fact that the Defendant has committed the instant crime of drinking and non-licensed driving, and that the Defendant is in profoundly against his/her own mistake, and that he/she is taking into account other conditions of sentencing, such as the Defendant’s age and sexual conduct, as indicated in the disposition.